AG818397 PR922603 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170LJ Agreement with organisations of employees (Division 2) United Firefighters' Union of Australia and Transfield Services (Australia) Pty Ltd (AG2002/268) TRANSFIELD SERVICES (AUSTRALIA) PTY LTD WESTERN AUSTRALIAN FIRE AND RESCUE SERVICES CERTIFIED AGREEMENT 2002 Various employees Fire fighting services DEPUTY PRESIDENT MCCARTHY PERTH, 12 SEPTEMBER 2002 PREAMBLE This is an application to certify an agreement pursuant section 170LJ in Division 2 of Part VIB of the Workplace Relations Act 1996 ("the Act"); the agreement this time to be known as the Transfield Services (Australia) Pty Ltd, Western Australian Fire and Rescue Services Certified Agreement 2002. Having heard what each of the parties have said and having read the statutory declarations of Anthony Edward Drewett, Secretary, United Firefighters Union of Australia, WA Branch and David Pretsel, Human Resources and Industrial Relations Manager WA, Transfield Services (Australia) Pty Ltd: * I am satisfied the relevant requirements of the Act and the Australian Industrial Relations Commission Rules 1998 ("the Rules") have been met. Specifically, I am satisfied that the agreement has been entered into in the manner consistent with the Act's requirements; that the employees have been given the relevant notice of the intention to enter into an agreement or to make the agreement; that the terms of the agreement were explained in an appropriate way to all the employees who are to be covered by it; and the agreement has been approved by a valid majority of employees at the relevant time. The application has also been lodged within the time period prescribed by section 170LM(2)(a) of the Act. The union party to the agreement also has members employed by the employer. * I am also satisfied that Transfield Services (Australia) Pty Ltd is a constitutional corporation and a single business to be covered by the agreement, and that the agreement applies only to that organisation. * It is clear, and I find, that the agreement meets the no disadvantage test as defined in the Act and there is to be no reduction in the overall terms and conditions of employment specified in the awards which now cover employees covered by this agreement. The agreement contains the necessary dispute settlement procedure and specifies a nominal expiry date in accordance with the Act's requirements. * The agreement also has no provisions in it that are inconsistent with Division 3 of Part VIA, nor does it contain any provision of the nature identified in section 170LU(2A) of the Act, nor has there been any conduct of the nature identified in section 170LU(3) of the Act that would prevent me from certifying it. These and all other requirements of the Act and the Rules have been itemised in a checklist that will be placed on the file. And I, therefore, indicate to the parties that the agreement will be certified with effect from today's date, but to operate in accordance with its terms, and the agreement is to remain in force for three years from the date of certification as is specified in the document. CERTIFICATION OF AGREEMENT In accordance with section 170LT of the Workplace Relations Act 1996, the Commission hereby certifies the attached written agreement. This agreement shall come into operation from 12 September 2002 and shall remain in force until 12 September 2005. BY THE COMMISSION: DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code 25> TRANSIFIELD SERVICES TRANSFIELD SERVICES (AUSTRALIA) PTY LTD WESTERN AUSTRALIA FIRE AND RESCUE SERVICES CERTIFIED AGREEMENT 2002 Part One: Framework 1. Title This Agreement shall be known as the Transfield Services (Australia) Pty Ltd, Western Australian Fire and Rescue Services Certified Agreement 2002. This Agreement shall replace the Transfield Western Australia Fire and Rescue Service Certified Agreement 1999 (C No/s 60560 of 1999). 2. Contents Page Part One: Framework 2 1. Title 2 2. Contents 2 3. Definitions 3 4. Application 3 5. Parties Bound 3 6. Date and Period of Operation 3 7. No Extra Claims 3 Part Two: Consultation and Resolution 4 8. Mutual Respect and Cooperation 4 9. Confidential Information/Conflict of Interest 4 10. Fire Station Consultative Committee 4 11. Dispute Settlement Procedures 5 12. Fitness for Duty 6 Part Three Conditions of Employment and Workplace Arrangements 7 13. Staffing 7 14. Hours of Employment and Overtime 8 15. Rostering 8 16. Detachment to Alternative Locations 9 17. Classification Structure - Skills Enhancement Program 9 18. Salaries 9 19. Higher Duties 10 20. Shift Changes 10 21. Basis of Employment 10 22. Light Duties 11 23. Personal Leave 11 24. Bereavement Leave 13 25. Recreational Leave 14 26. Parental Leave 14 27. Period of Notice 15 28. Probationary Period 15 29. Superannuation 15 30. Long Service Leave 15 31. Notice Boards 17 32. Redundancy 17 33. Public Holidays 18 34. Meal Allowance 18 35. Skills Development and Training 18 36. Australian Fire Competency Training 18 37. Occupational Health and Safety 19 38. First Aid Training/Qualifications 19 39. Equity and Diversity 19 40. Protective Clothing and Working Requirements 19 41. Travel Allowance 20 42. Signatories 20 Attachments Attachment A Confidential Agreement Attachment B Rostering Principles 3. Definitions In this Agreement, unless the contrary appears: * The employer refers to Transfield Services (Australia) Pty Ltd, hereafter referred to as "Transfield Services." * The Union refers to The United Firefighters Union of Australia. * The Act means the Workplace Relations Act 1996 (C'th). * Employee means a person employed by Transfield Services (Australia) Pty Ltd within this Agreement. * Industry means fire and rescue service provider. * The Company refers to Transfield Services (Australia) Pty Ltd. * AFAC means Australasian Fire Authorities Council. * AFC means Australian Fire Competencies. * A Team member refers to an employee who is a part of the fire station overall team 4. Application This Agreement shall apply to Fire Fighters (Aviation and Structural) and Station Officers employed by Transfield Services (Australia) Pty Ltd throughout the State of Western Australia. 5. Parties Bound The parties bound by this Agreement are: * Transfield Services (Australia) Pty Ltd; * The United Firefighters Union of Australia (hereafter referred to as the Union); and * All employees who are engaged in any of the classifications within this Agreement who are eligible to be members of the United Firefighters Union of Australia. 6. Date and Period of Operation This Agreement shall operate from the date of certification by the Australian Industrial Relations Commission, and shall remain in force for three (3) years. The parties undertake to commence negotiations for a new Agreement at least three (3) months prior to the expiry of this Agreement with a view to negotiating and settling a replacement Agreement. 7. No Extra Claims This Agreement is made in full and final settlement of all claims covering the employment of employees and the parties shall not pursue any extra claims for the life of the Agreement. Part Two: Consultation and Resolution 8. Mutual Respect and Cooperation The parties to this Agreement are committed to a framework, which is based on mutual respect and working in cooperation to achieve the objectives of this Agreement. Transfield Services is committed to the principles of consultation and shared participation with the employees through their representatives in all aspects of the conditions and working arrangements of employees. It further recognises the important role of the United Firefighters Union as one of the parties to this Agreement in representing the industrial interests of its members covered by this Agreement. The parties recognise the right of Transfield Services to: plan, direct and control operations, to organise and assign work to scheduled shifts, and to maintain order, efficiency and discipline in accordance with the terms and conditions within this Agreement and its attachments. 9. Confidential Information/Conflict of Interest Employees must not disclose in any way to a third party and must keep confidential, any 'confidential information' of which they become aware through the performance of normal duties. 'Confidential information' includes all information relating to the business of the employer and its operating interests, its affairs, financial information, and anything else advised by the employer. See Attachment A. 10. Fire Station Consultative Committee The parties agree to an arrangement ensuring regular Consultative Committee meetings between the Fire Station Manager, team members, and local union representatives. The Consultative Committee meetings will be used to discuss issues within the Fire Station. To that end the purpose of the Consultative Committee will be to act as a forum for consultation, guidance and advice on matters such as monitoring and reviewing: * Implementation of the Agreement; * The development of Best Practice initiatives, including promoting and assisting with the design, development and implementation of continuous improvement strategies, in line with Transfield Services' business objectives; * Working arrangements so as to develop improvements and efficiencies in all areas of work; * The implementation of the Skills Enhancement Program and reviewing the criteria for the classification levels to meet the requirements of Transfield Services (Australia) Pty Ltd; * Fostering a consultative and co-operative environment and setting and accepting appropriate levels of accountability and responsibility. The Consultative Committee shall consist of equal representation of employees and management. Where there are issues that cannot be resolved at this level, either the Fire Station Manager, the team member(s), or the local union representative, will refer the issue on to the Transfield Services local manager or his/her nominee and, where appropriate, the Branch Secretary of the union, or his nominee, to be resolved in accordance with the dispute settlement procedure. The day to day work arrangements at the Fire Station will be through the Team concept with all Team members having input into programs. The Fire Station Manager or Station Officer will advise the Consultative Committee and employees of any impending change/s, which may significantly affect staff employment, or work performance. Transfield Services will discuss with staff members and the local union representatives such action as is necessary to avert or mitigate any potential adverse affects that such change may have on employees. 11. Dispute Settlement Procedures The following Dispute Settlement Procedures shall apply to all matters subject to dispute between the parties. During the life of this Agreement there shall be no hindrance or impediment in respect of the operation of this Agreement. Without prejudice to any party, and except where a bona fide safety issue is involved, the parties shall ensure the continuation of work and that work practices applied are in accordance with the intent of this Agreement. Where a bona fide safety issue exists, an employee shall not work in an unsafe environment but where appropriate, accept reassignment to alternative suitable work in the meantime. There is a requirement for management to provide relevant information and explanation and consult with the appropriate employee representatives, before changes are implemented at the workplace. The level at which matters are progressed through the following steps should not go beyond the level of decision making at which it can be resolved. * In the event that a matter arises which is of concern or interest, the employee(s) shall discuss the matter with the immediate supervisor and may be represented by their accredited job delegate and/or union organiser. * If the matter is not resolved at this level, it shall be referred by the employee or job delegate/union organiser to the appropriate representative of management in the establishment who shall, within 24 hours or as otherwise agreed, arrange a conference of the parties to discuss the matter. * In instances where the matter remains unresolved, the appropriate level of senior management and the officers of the union or other appropriate employee representative shall be notified, and a conference on the matter shall be arranged. * If the matter remains unresolved, it shall be referred to the Branch Secretary of the Union or his/her nominee or other appropriate employee representative, and the Fire Station Manager and/or his/her nominated representative, for discussion and appropriate action. * If the matter cannot be resolved at this level it may then be notified to the Australian Industrial Relations Commission for resolution through the arbitration process where necessary. It is understood that the parties to this Agreement shall endeavour to resolve the issues between themselves in full accordance with the procedures set out herein, before they resort to the formal processes of the Australian Industrial Relations Commission. The parties will accept the recommendations and arbitrated decisions of the Australian Industrial Relations Commission. * Nothing contained in this Agreement shall prevent the Branch Secretary of the union or his/her nominee and the Fire Station Manager or his/her nominee, entering into negotiations at any level either at the request of either party or his/her own initiative in respect of matters in dispute should such action be considered conducive to achieving resolution. 12. Fitness for Duty Staff are expected to present themselves for duty and be capable of doing the tasks expected by the employer, in a safe and proper manner in accordance with the individuals' Duty of Care responsibilities. Staff are not to report for duty while under the effects of any drugs or alcohol. A zero blood alcohol level is expected, the acceptable range being less than 0.02. Transfield Services provides confidential, professional counselling for all employees to help resolve personal or work related problems. The operation of critical safety equipment and heavy vehicles is required, therefore all staff are expected to maintain a standard of fitness that enables them to perform their tasks in a safe and competent manner. At least 30 minutes per shift while on duty will be provided for physical fitness training, exclusive of travelling and changing time during shift. The employer will provide sufficient equipment and time for on duty staff to undertake physical fitness training at the workplace. Where a person is suspected of not being capable of performing the required fire fighting duties, the Fire Station Manager may send that person, while on duty or overtime, to a designated medical practitioner, for a complete physical check up. Part Three: Conditions of Employment and Workplace Arrangements 13. Staffing Staffing levels listed at Tables One, Two, Three and Four are the minimum required by Transfield Services to maintain the appropriate category. Staffing levels will be replenished by recruitment or direct entry as soon as is practicable to ensure those numbers listed in Tables One, Two, Three and Four are maintained. Sufficient relief staff (e.g., one relief employee for every eight rostered positions) will be provided to meet all recreation leave, training and roster requirements, to maintain the staffing levels required. The Fire Station Manager will be responsible for the overall management of the Fire Station's resources and facilities, and may be required to fill an operational shift position as a Station Officer. Where the contract requirements are varied by the Department of Defence, and staffing levels may be required to be reduced, the employer will consult with the union. The spread of hours is set out in Tables One and Two is subject to variation to meet the requirements of the workplace. Table One RAAF Pearce Air Base - Category Minimum Staffing Levels Per Shift Workplace Category Number of Station Number of Fire Officers Fighters RAAF Pearce Aviation 5 1 4 between 0800 to 2330 Monday to Thursday inclusive - this applies to an imbedded crew and covers structural during flying hours RAAF Pearce Aviation 5 1 4 between 0800 to 1500 Friday - this applies to an imbedded crew and covers structural during flying hours RAAF Pearce 4 1 3 Structural - after flying has completed and at all other times Staffing levels for the watch room function at RAAF Pearce Air Base are not included in Table One. However, the staffing levels for the watch room will be maintained until the watch room is fully rationalised in Year One of the Agreement as agreed between the parties, whereby no staff will be required for the watch room, except pursuant to Clause 22 of the Agreement. Table Two Gin Gin - Category Minimum Staffing Levels Per Shift Workplace Category Number of Station Number of Fire Officers Fighters Gin Gin between 0800 4 1 3 to 1630 Monday to Thursday inclusive Gin Gin between 0800 4 1 3 1 to 1500 Friday Table Three Deployments - Category Minimum Staffing Levels Per Shift Deployments Workplace Category Number of Station Number of Fire Officers Fighters Deployments - i.e., 4 1 3 Learmonth Table Four Fleet Base West Stirling - Category Minimum Staffing Levels Per Shift Workplace Category Number of Station Officers Number of Fire Fighters Stirling 5 1 4 14. Hours of Employment and Over-time Weekly employees will work an average thirty-eight hour week. This will be averaged out over the full annual period depending on the roster being worked. Any hours over the average 38 hour week accrued at the end of each year (1976 hours), will be paid out at overtime rates. The measuring period for accrued overtime hours will be from the commencement of employment to the end of the current financial year. Payment of accrued overtime hours will occur in the month of July. Fire Station Annual Recreation Leave and training courses will be programmed on an annual basis within the normal staffing levels. Employees are required to make themselves available for overtime to meet the operational crew numbers identified in Tables One, Two, Three and Four of this Agreement. Where possible, overtime requirements will be programmed in advance. Overtime will be paid each week for short notice overtime, whereby an employee is rostered off duty and is recalled to duty to work. With the exception referred to in the paragraph below, all overtime will be paid at the rate of one and a half (1.5) times the relevant salary as per Clause 18. Staff required to work overtime to maintain staffing levels in Tables One, Two, Three and Four, will do so for the full requirement of the rostered shift. In any one week an employee may be required to work an additional two (2) hours to their normal shift time. The additional two (2) hours will accrue towards the 38 hour week averaged out over the full annual period (1 976 hours). The parties acknowledge that this provision shall only apply for the like of short term absences; Civil / RAAF I Navy training requirements; and late or early aircraft / naval vessels. It will not be used for full shift replacements. For overtime that is not continuous with ordinary rostered duty, the minimum number of hours the employee is entitled for payment will be three (3) hours. 15. Rostering The parties agree to continue the 10/14 Fostering concept arrangements that currently apply. Any roster developed will be a full rotational roster, with all staff rotating evenly through the applicable roster. A meal break will be given for breakfast, lunch and dinner periods of not less than 30 minutes, and a tea break of 15 minutes will be provided mid morning and mid afternoon. Employees on duty will not be permitted to leave the fire station but will remain on duty during these periods". Rosters will be jointly developed, maintained, reviewed and changed, in consultation with employees in accordance with the Fostering principles at Attachment B. Not withstanding the Clause above, a roster developed outside the Fostering principles in Attachment B may be worked only if mutually agreed to by the staff, and the Fire Station Manager. Rosters will be programmed for an annual period where possible, taking into consideration the recreation leave requirements. 16. Detachment to Alternative Locations Employees detached to alternate locations such as Learmonth or other operational airfields will do so under thefollowing conditions. In all circumstances, volunteers will be sought for detached duties. However, a fair system of rotation should be jointly developed to ensure an even distribution of duties. All meals will be provided to an acceptable standard and suitable accommodation, (single room motel quality) is to be arranged and provided free of charge to staff. Where all meals are not provided, a standard $15.00 per meal will be paid by Transfield Services for those purchased by the individual. A living away allowance of $15.00 per day will be paid for out-of-pocket expenses and incidentals. 17. Classification Structure - Skills Enhancement Program Classification Structure Fire Fighter level 1 Means a new recruit with less than 12 months experience in the industry who has commenced the AFAC or equivalent Certificate II. Fire Fighter level 2 Means an employee who has more than 12 months experience in the industry who has completed the AFAC or equivalent Certificate II. Fire Fighter level 3 Means an employee who has a minimum of 24 months experience in the industry and who has completed AFAC or equivalent Certificate II and who has commenced AFAC or equivalent Certificate III. Fire Fighter level 4 Means an employee who has a minimum of 36 months experience in the industry and who has completed AFAC: or equivalent Certificate III. Station Officer Means an appointed officer who has a minimum of 60 months experience in the industry and who has AFAC or equivalent Certificate IV. The Station Officer will take charge of a Team and as such will be responsible for the operational and administrative functioning of the Team. The Station Officer will use his/her skills to develop all Team members and improve the overall effectiveness of the Team and Fire Station. The Station Officer will provide administrative support to the Fire Station Manager. Skills Enhancement Program The Skills Enhancement Program is based on the recognised AFAC Australian Fire Competencies or equivalent, mandatory requirements and specific requirements to suit the Fire and Rescue Service. The Skills Enhancement Program will be developed and reviewed from time to time by the employer in consultation with the Consultative Committee. 18. Salaries The salaries for employees covered by this Agreement are those set out in the table below. Table - Salary Rates per Classification Structure Classification Date on or after 12 months on or 24 months on or 23rd April 2002 after Certification after Certification 3% 4% 4% Firefighter level 1 $38,473 $40,011 $41,612 Firefighter level 2 $39,299 $40,871 $42,505 Firefighter level 3 $40,943 $42,580 $44,283 Firefighter level 4 $46,708 $48,577 $50,520 Station Officer $52,888 $55,004 $57,204 The percentage increases paid in Year Two and Three of the Agreement have been agreed between the parties on the basis that cost savings will be achieved by the employer in the first 12 months of the Agreement, through the rationalisation of the watch room function and improved rosters at RAAF Pearce Air Base. The salaries set out above are a composite salary and include payments for any shift penalties, disabilities and like allowances, additional public holidays, annual leave loading and all other incidents of employment except those specifically detailed in the agreement, but excluding excess overtime payments set out in Clause 14. The salary to be paid weekly will be the appropriate annual salary divided by 52. The hourly rate is determined by dividing the weekly rate by 38. The composite payment will be for all purposes, including superannuation guarantee payments; workers' compensation; sick leave; annual leave and long service leave; and the base for any payments set against the weekly wage. Salaries will be paid by electronic funds transfer on a weekly basis into a nominated banking account, building society, or credit union of choice. 19. Higher Duties An employee who is temporarily required to perform duties at a higher level than his normal level of employment will be paid at the pay level applicable to the duties being performed during the period of acting in that position. 20. Shift Changes In order to reduce domestic and family pressure on individuals due to the requirements of permanent shift work, staff will be allowed to swap or exchange shifts on a mutual basis, in accordance with shift change procedures established by the Fire Stations. Part shifts will also be able to be exchanged on an hour for hour basis, with the approval of the Station Officer. 21. Basis of Employment Staff employed by Transfield Services are deemed to be employed by the week, provided that they possess a minimum security clearance level of CONFIDENTIAL, as issued by the appropriate authority. Employees must hold a driver licence endorsed to Heavy Rigid or to the standard of an unrestricted "B" class licence. Employees must advise their Fire Station Manager or Station Officer, at the earliest practical time, if they have or are likely to lose their licence. Employees must be clean-shaven at the commencement of the shift in accordance with the relevant Australian Standard for wearing of breathing apparatus, at all times while on duty. Station Officer Members of the Team will perform a range of fire fighting and rescue duties as well as associated duties required under the Transfield Services Statement of Work. These duties will include but not limited to fire equipment maintenance, fire training, emergency evacuation and cleaning as detailed and such other work as may reasonably be required. 22. Light Duties Given the physical nature of the Fire and Rescue Service, it could be expected that an employee may be unable to meet the job requirement due to an injury or non contagious illness that is not of a permanent nature. Under this circumstance, that person would not be forced to take sick leave, but may voluntarily be used in the fire watch room or such other duties that may be in line with the temporary injury/illness. The aim of this Clause is to reduce sick leave and therefore overtime, while preserving the employees' sick leave hours. 23. Personal Leave Paid Personal Leave is available to an employee when he or she is absent due to: * Personal illness or injury (Sick Leave); or * For the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support (Carer's Leave). Sick Leave Definition Sick leave is leave to which an employee is entitled without loss of pay because of his or her personal illness or injury. Entitlement The amount of sick leave an employee may take depends on how long he or she has worked for the employer and accrues as follows: Length of Time Rate of Accrual of Worked for the Employer Paid Sick Leave (Hours) Less than 1 month 0 1 month to less than 3 months 16 3 months to less than 6 months 32 6 months to less than 12 months 76 Each year thereafter 76 After the first six months of service, an employee must be paid for any sick leave to which he or she was not entitled, due to insufficient service, up to a maximum of 76 hours. In any year sick leave accrues by seventy six (76) hours less the total amount of sick leave and carets leave taken during the year. Sick leave may accumulate to a maximum of 760 hours. Employee Must Give Notice Before taking sick leave, an employee must give at least two hours' notice before his or her next rostered starting time, unless he or she has a good reason for not doing so. The notice must include: * The nature of the injury or illness (if known); and * How long the employee expects to be away from work. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity. Evidence Supporting Claim The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness. A total of three (3) shifts uncertificated sick leave per annum is available to staff if the absence from duty is due to illness. No employee will take more than one day uncertificated sick leave in any one period. The Fire Station Manager will be responsible for the monitoring of sick leave taken by employees. Continuing absenteeism trends, which do not satisfy the Fire Station Manager as being genuine, may result in the Fire Station Manager referring the employee to a Medical Practitioner. An application for sick leave must be made in writing using the appropriate form, and submitted as soon as possible after the start of leave. In all cases of sick leave, the employee must, where possible, notify the Fire Station Manager prior to the commencement of duty, so that available relief, if required, can be organised in sufficient time so as to not effect the category requirements. Staff on sick leave, depending on the nature of their illness or injury, may be able to assist their Team in a non-operational (light duties) capacity. Where the state of health of an employee may render them a danger to fellow employees or to the public, they may be required to obtain a medical report stating the seriousness of the condition and, in the light of this, may be directed to take sick leave. Employees have an obligation to advise the employer of any medical condition, which may impact on the safe operations of their workplace. The Effect of Workers' Compensation If an employee is receiving workers' compensation payments, he or she is not entitled to sick leave. Sick Leave During Other Leave If an employee becomes ill during recreation leave or long service leave, and produces satisfactory medical evidence at the time, he may be granted additional leave equivalent to the period of illness or have that period re-credited as appropriate. The period of time covered by the medical certificate will be recorded as sick leave. The minimum period of sick leave will be one day or shift. In the case of long service leave, the additional credits would be the calendar period for which the employee was certified unfit for work. Carer's Leave Paid Leave Entitlement An employee is entitled to use up to 38 hours (or the equivalent of shift hours) sick leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person. Notice Required Before taking carer's leave, an employee must give at least two hours' notice before his or her next rostered starting time, unless he or she has a good reason for not doing so. The notice must include: * The name of the person requiring care and support and his or her relationship to the employee; * The reasons for taking such leave; and * The estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity. Evidence Supporting Claim The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another. Unpaid Leave An employee may take unpaid carer's leave by agreement with the employer. 24. Bereavement Leave Paid Leave Entitlement An employee is entitled to use up to 15.2 hours (or the equivalent of two consecutive shifts) paid bereavement leave on any occasion on which a member of the employee's immediate family or household in Australia dies. Unpaid Leave Entitlement Where an employee has exhausted all bereavement leave, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 15.2 hours (or the equivalent of two consecutive shifts) unpaid leave. Evidence Supporting Claim The employer may require the employee to provide satisfactory evidence of the death of the member of the employee's immediate family or household. Immediate Family or Household The entitlement to carer's leave in Clause 23 or bereavement leave in this Clause is subject to the person in respect of whom the leave is taken being either: * A member of the employee's immediate family; or * A member of the employee's household. The term immediate family includes: * Spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and * Child or an adult child (including an adopted child, a step child or an ex- nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 25. Recreation Leave An employee will accrue four weeks annual recreation leave each year, but the leave will be measured in hours (four weeks of thirty eight hours). Recreation leave shall be programmed in accordance with the operational requirements of the Fire Station. It is the responsibility of the employee and the Fire Station Manager to make every endeavour to exhaust leave annually. An employee may be granted recreation leave on request at any time to the limit of the leave owing. Recreation leave credits will accrue each year on the anniversary of starting employment with Transfield Services. Where an employee has not completed a full twelve months employment, then pro rata credits may be given. Leave credits, which accrue to an employee but have not been accessed during the preceding year, will remain available for a further two years. After that time, the employee will be considered to be on leave, for all purposes, for a period equal to that which would accrue in any twelve months period. The employer will provide sufficient staff to allow all employees to access the full annual recreation leave credits. Recreation Leave - Seven Day Shift Workers A shift worker who is rostered for duty on Sundays and public holidays shall be allowed an extra one weeks' leave in addition to the recreation leave prescribed in this Clause. 26. Parental Leave The provisions of Schedule 14, Parental Leave of the Act are incorporated into the terms of this Agreement. For the purpose of this Clause, the term Parental Leave will include an entitlement to Maternity Leave, Parental Leave and Adoption Leave. 27. Period of Notice The required period of notice for other than resignation or serious misconduct is first calculated using this table: Period of Continuous Service Period of Notice Not more than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks The period of notice is increased by one week if the employee is over 45 years old and has completed at least two (2) years of continuous service with the Company. Employees may terminate their employment by giving Transfield Services at least a weeks' notice of their intention to resign or forfeit a weeks' pay. 28. Probationary Period Employment will be on the basis of an initial three (3) month probationary period during which time either party may notify its intention to withdraw from the contract of employment. The employment of a probationary employee can be terminated during the probationary period with one weeks' notice or payment thereof. 29. Superannuation The company shall make superannuation contributions on behalf of each employee in accordance with the Superannuation Guarantee (Administration) Act 1992 (Commonwealth) into either the Transfield Retirement Fund or the Australian Retirement Fund Pty Ltd. 30. Long Service Leave Entitlement to Long Service Leave Employees will be entitled to thirteen (13) weeks long service leave for and on the completion of each ten (10) year period of continuous service subject to: * All continuous service prior to the 24th April 2002 shall accrue such leave at the rate of 0.87 weeks for each year or part thereof; and * All continuous service from the 24th April 2002 shall accrue such leave at the rate of 1.3 weeks for each year or part thereof. An employee on completion of ten (10) years who has pre-24th April 2002 continuous service may apply to take the accrued number of weeks due at that time or to work such additional continuous service as required so that the employee can qualify for the thirteen weeks long service leave. Where an employee has completed ten (10) years of continuous service, and the employment is terminated for reasons other than serious misconduct a pro-rata entitlement based on the above rate of accrual will be paid on termination. Where an employee has completed seven (7) years continuous service, and the employment is terminated by the death of the employee a pro rata entitlement based upon the above rate of the accrual will be paid and vested in the employee's personal representative. The introduction of the improved quantum of long service leave in this Agreement arises from to the implementation of improved rosters at RAAF Pearce Air Base upon commencement of this Agreement. The rosters have been developed, documented and supported by the parties and provide relevant efficiencies and improvements in productivity to the client as well as achieving additional savings required for the long service leave improvement. Continuous Service For the purpose of this Clause, continuous service will be deemed to include: * Absence on annual leave or public holidays; * Absence on paid sick leave; * Absence on paid or unpaid bereavement leave; * Absence on approved sick leave without pay except that portion of continuous absence which exceeds three (3) months; * Absence on workers compensation except that portion of a continuous absence which exceeds six (6) months; * Absence on approved leave without pay, other than sick leave without pay, not exceeding an aggregate of two (2) weeks in any qualifying period. * Absence on approved military service leave. Granting of Leave The day on which an employee will commence his or her long service leave, will be solely at the convenience of the employer provided that the employer, as far as possible and having regard to the relief available and other factors, grant such leave in the order of priority of length of continuous service. Wherever possible, not less than one (1) month's notice will be given to an employee of the date on which his or her long service leave will commence. Long service leave will be arranged and taken in accordance with the Fostering arrangement that has been developed an agreed between the parties. Public Holidays Any public holidays occurring during the period in which an employee is on long service leave, will be calculated as a portion of the long service leave, and no extra days will be granted. Exchange of Leave Employees, by written application to the Employer, may apply to exchange their long service leave periods, and such exchanges will occur subject to the needs of the employer. 31. Notice Boards Staff will be provided with a secure notice board by Transfield Services. The local union representative and elected Occupational Health and Safety representative will have access to the contents of the notice board, but will not display any offensive material, or material contrary to the best interest of the Transfield Services. 32. Redundancy Definition A redundancy will occur where a particular position/s is no longer required by the employer. A redundancy does not occur where it is intended that the terminated employee be replaced in the same position by another employee. The employee/s will be informed as soon as is practicable after the employer has made a definite decision relating to redundancies. The employer will consult with the employee/s directly affected and with their union whenever redundancies occur. Consultation will cover among other things, any measures to minimise the adverse effects on the employees directly affected such as reducing staffing numbers by way of natural attrition. Prior to an employee's employment being terminated as a result of redundancy: * The employer will attempt to find reasonable alternative employment with Transfield Services or to secure an offer of reasonable alternative employment for the employee/s with another employer e.g., where the contract with the Department of Defence is terminated with Transfield Services and another employer takes over the service; * The employer, where practicable, will give the employee/s six (6) weeks' notice of their redundancy. This period may be reduced by agreement with the employee/s. Where an employee whose employment is to be terminated as a result of redundancy is not offered reasonable alternative employment with Transfield Services or another employer an employee will be entitled to notice and the redundancy payment prescribed in this Clause. Where an employee does not accept an offer of reasonable alternative employment with Transfield Services or another employer the employee will not be entitled to notice and the redundancy payment prescribed in this Clause. Reasonable Alternative Employment Reasonable alternative employment means employment with Transfield Services or another employer in a substantially similar position on, on balance, no less favourable terms and conditions of employment where the employee's service with Transfield Services is deemed continuous or the service is recognised and transferred to another employer for the purposes of the employee's sick leave, annual leave, long service leave, notice and redundancy entitlements. Redundancy Payment In addition to the period of notice prescribed for ordinary termination, in Clause 27 of this Agreement, the following redundancy payments will be made: Period of Continuous Service Redundancy Pay 1 year or less Nil 1 year and up to the completion of 2 years 4 weeks pay 2 years and up to the completion of 3 years 6 weeks 3 years and up to the completion of 4 years 7 weeks pay 4 years and over 8 weeks pay 33. Public Holidays There will not be an extra payment for duty that is performed on a public holiday. Where an employee is granted annual recreation leave that includes a public holiday(s), an extra day(s) leave will be granted. 34. Meal Allowance An employee who is recalled for duty for overtime for a full shift or a major part thereof without 12 hours prior notice will be entitled to a meal allowance of fifteen dollars ($15.00) for each meal period on duty. 35. Skill Development and Training The parties acknowledge that managing technological change is a significant operational challenge. New technology is a key to future safety and to future efficiency. To achieve this end Transfield Services shall provide employees with appropriate training such that they are able to optimise their effectiveness in achieving the requirements of their position and the objectives of the employer. This includes multi-skilling of Fire Fighters to both aviation and structural Fire Fighting and rescue competency. Employees may wish to undertake further training and development outside the boundaries of the AFC Framework to enhance the performance of both the individual and the employer. Assistance is available for those who wish to do so if approved by the Fire Station Manager. 36. Australian Fire Competency Training The parties agree that Transfield Services will continue to implement a comprehensive, integrated system of competency based training consistent with the Australian Fire Competencies, to provide Transfield Services' employees with consistent and relevant workplace training. The system of competency based training will include the development of a Training Plan. The Training Plan will identify the required training and the priorities and will form part of the Skills Enhancement Program. The Training Plan will be developed by management in consultation with the Consultative Committee and will be reviewed as and when required. Employees will be required to carry out their duties in accordance with their skills, competencies and training. Employees will not be required to carry out duties for which a relevant competency or skill is required and which is not held by the employee. 37. Occupational Health and Safety The parties recognise that the implementation of OH&S programs is an integral part of the continuous improvement process, which directly reduces compensation, and rehabilitation costs and indirectly improves staff morale, absenteeism rates and improved work practices. To achieve these efficiency gains, the parties agree to the setting up of an OH&S Committee in accordance with the guidelines of the Act. Further, the employer undertakes to train to the appropriate standard, an elected OH&S representative and deputy delegate. Such training will be at the employer's time and cost. An elected OH&S representative will have the ability to consult with the Fire Station Manager on health and safety issues that he/she see as appropriate, and he/she provide specific advice to all employees. Primary objectives of OH&S Committee in the workplace will be to develop an OH&S management system that: * Promotes the safety, health, and improved life-style of Transfield Service employees; * Identifies high risk areas and hazards to Transfield Services staff and develops strategies to combat those identified areas and hazards; * Identifies and recommends staff health and safety training appropriate to eliminating workplace accidents; * Supports and implements the objectives of the Occupational Health and Safety Act. 38. First Aid Training/Qualifications All staff are required to hold first aid qualifications to the level of a senior first aid certificate. All first aid training will be the responsibility of the employer, and be conducted in the employer's time and expense. There will be no specific allowance paid outside the composite wage for first aid qualifications. 39. Equity and Diversity Transfield Services will comply with the relevant state Equal Opportunity legislation, which aims to remove discrimination in all areas of employment. There will be no discrimination to employees, of prospective employees, on such grounds as age, race, sex or sexual preference, religion or physical attributes. 40. Protective Clothing and Working Requirements Transfield Services will be responsible, and provide free of charge, all necessary protective clothing that is essential to the occupational health and welfare of staff. Changes to equipment and clothing will be through the consultative process with all affected staff able to have input into the selection. Final decision will rest with Transfield Services Management. All protective clothing will be to the standard required by the relevant Australian and New Zealand Standards. Where no standard has yet been defined protective clothing shall be at that standard provided by other Aviation Fire Services. The employer will provide all employees with suitable work clothing, and if necessary, uniform clothing, free of charge. Staff will not be expected to share clothing, or accept used clothing. Sufficient sets of clothing will be issued, and will include sun protection hats, work boots, and winter protection. 41. Travel Allowance An employee who by agreement and is authorised by the employer to use their own motor vehicle in the course of the employer's business shall be entitled to receive an allowance of 58 cents per kilometre. 42. Signatories Signed for and on behalf of: Employer Transfield Services (Australia) Pty Signature Name: Dated this day of 2002 Witness Dated this day of 2002 Union The United Firefighters Union of Australia Signature Name: Dated this day of 2002 Witness Dated this day of 2002 Attachment A Confidentiality Agreement TRANSFIELD PTY LTD INFORMATION SECURITY POLICY (incorporates the TRANSFIELD e-mail & Internet Policy) & CONFLICT OF INTEREST POLICY INFORMATION SECURITY POLICY Company prohibits the disclosure, in any form, of information relating to the conduct of its business to the public, without the authorisation of your Managing Director/Chief Executive Officer. Such information includes, but is not limited to financial data, internet and external correspondence and technical and strategic analyses. It does not include information already in the public domain such as brochures, newsletters or other information released to the public by the company. The Company also prohibits the use or alteration of the Company's computer hardware, software and data without authorisation from the Information Services Manager. In addition, all employees will comply with any contract to which the Company is party in respect of computer hardware, software, data or maintenance thereof. This includes compliance with copyright laws which prohibit the making or use of unauthorised copies of computer software. Unauthorised disclosure of information or use or any alteration or abuse of the Company's computer hardware, software or data (or the facilities the Company's computer infrastructure provides) is a serious offence that will cause Management to take strong disciplinary action against an employee. This may include dismissal. The Company may also take appropriate legal action against anyone who uses or alters the Company's computer hardware, software or data without authorisation. It is the Employee's responsibility to 1. maintain the security of any passwords and not to attempt to breach any system's security. 2. ensure that all computer equipment find software used on the job is used in accordance and compliance with any licence or maintenance conditions. 3. not utilise an facility offered by Transfield's computer infrastructure (included Electronic Mail and Internet capabilities)for personal business 4. respect and protect all work, whilst performed as an employee of Transfield, as Transfield’s intellectual property. Such work includes, but is not limited to, spreadsheets, word process documents, databases, programs, scripts, electronic mail and internet exchanged documents. 5. adhere to Transfield’s E-Mail & Internet policy: 5.1 Transfield E-Mail and Internet facilities are not for personal use. 5.2 Each E-Mail (or Internet) user must be approved by their Manager, for connection to Transfield's E-Mail or Internet facilities. ATTACHMENT 'B' ROSTERING PRINCIPLES GENERAL RULES 1. All Transfield Services rosters must average 38 hours per week. 2. The preferred roster for 24 hour units that have continuous levels of category, is the 10/14. Other rosters (including non 24 hour units) should be complimentary to the 'conditions' of 10/14. 3. The duration of rostered shifts are flexible but to a maximum of 16 hours. However, where staff desire to work a roster with occasional shifts more than 16 hours (but no more than 18 hours), they may do so with the Fire Station Manager's approval. 4. All rosters must follow an even/regular cycle. 5. When a new unit roster has been decided (refer to Operational Aspects 1,2 or 3) a minimum of seven days notice is required before commencement. 6. Rosters with shifts exceeding 14 hours will have no more than two 'back to back' shifts in succession. 7. No roster shall contain a 'quick change around'. Any break between shifts should not be less than 8 hours. 8. No rostered shift shall be of less than six (6) hours long. OPERATIONAL ASPECTS 1. All rosters must provide maximum operational efficiency and ensure economy of resource utilisation. 2. While the Fire Station Manager shall bear full responsibility for the “boundaries" or “parameters" of all Fire Station rosters, each roster will be developed through consultation with the consultative committee. ROSTERING PRINCIPLES 1. Fire Station Managers retain the responsibility to periodically test the response of crews to be able to respond at any time during the day or night. To this end, the Fire Station Manager has the right to test the response of the teams at any time including the period 2200 hours to 0600 hours. 2. Roster changes may be initiated by a staff member (or group of staff members) through the Consultative Committee and submitted to the Fire Station Manager for endorsement. Any suggested changes must meet all necessary general and operational requirements. 3. Daily Work Programs prescribe ACTIVE, PASSIVE and RECLINING periods. This terminology for Fostering purposes is: * ACTIVE: training, maintenance, administrative, PT, and normal duties. * PASSIVE: meals, study, recreational, personal PT programs. * RECLINE: recreational, sleeping allowed where facilities and current Fostering arrangements permit. However, it is the responsibility of each individual Shift Officer and fire fighter to ensure that he/she can respond immediately to calls. For the 10/14 roster, recline time is between 2200 and 0600 hours. 4. The general conditions of the Daily Work Program will be observed as much as possible. However, changes necessary due to operational requirements, turn- outs and drills, exercises administrative requirements must be met for each shift/team. 5. Staff who exchange a shift must assume the operational position of the person with whom they have changed unless otherwise requested by the Shift Officer. 6. Staff may be retained for up to 2 hours after a 16 hours shift, 3 hours after a 15 hour shift, and 4 hours after 14 hours or less to cover staff shortages. These hours can not be extended for OH&S reasons. 7. Mutual shift changes are acceptable however prior approval from the Fire Station Manager or Shift Officer is necessary. 8. The fire watch room will be staffed at all times, subject to the watch tower duties becoming fully rationalised, in which case there will be no requirement to staff the watch tower. 9. The fire watch room operators watch shall not exceed a continuous 4 hours and staff will be rotated accordingly. This watch requirement will only apply in the event that there is a requirement to staff the watch room after the watch tower duties have been fully rationalised.